Landlord's Applications to Amend Rent Registrations Denied

Landlord applied to the DHCR in 2020 with two separate requests to amend previously filed registrations for two apartments for the years 2009 through 2017 based on findings by the building's new managing agent that there were errors in the registrations concerning the lease term dates and the amounts of rent charged. RSC Section 2528.3(c) required a landlord seeking to file an amended registration for other than the present registration year to file an application with the DHCR. The DRA dismissed landlord's applications.

Landlord appealed and lost. The DRA correctly terminated the two proceedings because the apartments were vacant at the time that landlord filed its applications. There were no tenants in occupancy who could've been given an opportunity to respond. Landlord wasn't entitled to amend the registrations as of right. And landlord's registration amendment requests were based on events occurring as far back as 2008 and essentially involved an "overhaul of information." 

OSI LLC: DHCR Adm. Rev. Docket Nos. JW410014RO, JW410015RO (9/16/22)[two 5-page documents]